111 - Identification of dogs.
* § 111. Disposition of license fees. 1. (a) On or before the fifth day of each month, the clerk or authorized county dog control officer shall remit to the appropriate county financial officer forty-seven percent of all license fees, except those exempted by paragraphs a, b and c of subdivision four of section one hundred ten of this article, collected during the preceding month. The remittance shall be accompanied by a report of license sales made during said month. A copy of such report shall simultaneously be sent to the commissioner. The balance of such license fees shall be the property of the reporting municipality and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility, as authorized under section one hundred seventeen of this article, used therefor, and subsidizing public humane education programs in responsible dog ownership. (b) On or before the fifth day of each month, the authorized pound or shelter manager shall remit to the financial officer of the county within which the shelter is located, forty-seven percent of all license fees, except those exempted by paragraphs a, b and c of subdivision four of section one hundred ten of this article, collected during the preceding month. The remittance shall be accompanied by a report of license sales made during said month. A copy of such report shall simultaneously be sent to the commissioner. The authorized pound or shelter manager shall remit the balance of such license fees to the financial officer of the licensing municipality within which the shelter is located. The fees remitted to the municipality shall be the property of that municipality and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility, as authorized under section one hundred seventeen of this article, used therefor, and subsidizing public humane education programs in responsible dog ownership. 2. On the fifteenth day of each month, the county financial officer shall remit to the commissioner thirty-six percent of all license fees received by the county under this article. The moneys retained by the county shall be used for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility, as authorized under section one hundred seventeen of this article, used therefor, and subsidizing public humane education programs in responsible dog ownership, and may also be used for the prevention and investigation of cruelty to animals. 3. On or before the first day of February in each year, the county financial officer shall apportion and pay to the appropriate financial officer of each town, city and village in the county, ratably to the annual remittance made to the county by such town, city or village, seventy-five percent of any portion of the moneys not expended by the county during the preceding calendar year for the purposes set forth in subdivision two of this section. Such moneys shall be used by the towns, cities and villages only for the purposes set forth in subdivision one of this section. 4. (a) The moneys received by the commissioner pursuant to subdivision two of this section shall be paid into the state treasury, and shall, so far as necessary, be appropriated annually by the legislature to the department to be used by the commissioner in supervising the enforcement of and in implementing this article and rules and regulations promulgated pursuant thereto, including, without limitation, the issuance of special identification tags for guide dogs, service dogs,hearing dogs and detection dogs. In addition, from such moneys paid into the state treasury, the legislature shall appropriate annually to the New York State Veterinary College at Cornell a sum equivalent to ten cents for each dog license issued for a period of up to and including one year, a sum equivalent to twenty cents for each dog license issued for a period of more than one and no more than two years and a sum equivalent to thirty cents for each dog license issued for a period of more than two and no more than three years, to be used by the college to conduct studies into diseases of dogs and to search for and study viruses that affect man and animals, or to study and develop a pharmaceutical contraceptive for dogs. (b) The commissioner shall also remit to the state treasury the moneys received by him pursuant to the dog license law of the city of New York (section eight-a of chapter one hundred fifteen of the laws of eighteen hundred ninety-four, as added by chapter one thousand two of the laws of nineteen hundred seventy). Such moneys shall be appropriated annually by the legislature to the veterinary college for the purposes set forth in paragraph (a) above. (c) The expenditure of moneys from license fees appropriated to support research conducted at the New York State College of Veterinary Medicine at Cornell into canine diseases affecting humans and animals shall not exceed the annual revenues obtained from fees received under this section for such purposes. 5. (a) On or before the fifteenth day of each month, the clerk of any city, town or village located in Nassau county where licenses are validated or issued pursuant to this article shall remit directly to the commissioner sixteen and ninety-two hundredths percent of all license fees collected during the preceding month, except the fees exempted by subdivision four of section one hundred ten of this article. The remittance shall be accompanied by a report of license sales made during such preceding month. (b) The remaining eighty-three and eight hundredths percent of such license fees shall be the property of the reporting municipality and shall be used only for controlling dogs and enforcing the provisions of this article and any rule or regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility, as authorized under section one hundred seventeen of this article, used therefor, and subsidizing public humane education programs in responsible dog ownership. (c) On or before the fifth day of each month, the authorized pound or shelter manager of each pound or shelter located in Nassau county shall remit directly to the commissioner sixteen and ninety-two hundredths percent of all license fees collected during the preceding month, except the fees exempted by subdivision four of section one hundred ten of this article. The remittance shall be accompanied by a report of license sales made during such preceding month. (d) On or before the fifth day of the month, the authorized pound or shelter manager shall remit to the financial officer of the licensing municipality within which the shelter is located, the remaining license fees collected during the preceding month, including those collected pursuant to subdivision four of section one hundred ten of this chapter. Such fees shall be the property of the municipality and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility, as authorized under section one hundred seventeen of this article, used therefor, and subsidizing public humane education programs in responsible dog ownership.6. Notwithstanding any other provision in this article, on or before the fifth day of each month, all clerks and authorized county dog control officers and authorized pound and shelter managers shall remit to the commissioner all moneys they received during the preceding month pursuant to paragraph c of subdivision four of section one hundred ten of this article. The remittance shall be accompanied by a report of license sales to persons who paid the additional three dollar license fee. Such report shall also contain such other information as the commissioner may require by rule or regulation. * NB Effective until January 1, 2011 * § 111. Identification of dogs. 1. Each dog licensed pursuant to subdivision one of section one hundred nine of this article shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times, provided that a municipality may exempt dogs participating in a dog show during such participation. 2. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned. 3. A municipality offering a purebred license may provide a licensee, at his or her expense, any number of tags imprinted with the same number as the purebred license. One such tag shall be affixed to the collar of each dog harbored pursuant to the purebred license at all times, provided that municipalities may exempt dogs participating in a dog show during such participation. Such a tag shall be affixed only to the collar of a dog owned by the holder of the purebred license and harbored on his premises. 4. A municipality offering a license for any guide dog, service dog, hearing dog or detection dog may issue a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by subdivision one of this section. The municipality may prescribe the shape, size, color, and form of imprint of the tag which shall be a different color and shape than the standard identification tag. Upon application, the commissioner shall furnish such tags without payment of a fee. * NB Effective January 1, 2011